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Dáil Éireann debate -
Thursday, 30 Apr 2015

Vol. 876 No. 3

Other Questions

Special Areas of Conservation Designation

Michael Fitzmaurice

Question:

6. Deputy Michael Fitzmaurice asked the Minister for Arts, Heritage and the Gaeltacht if she will state categorically on the record of Dáil Éireann that properly constituted special areas of conservation exist today; if she will identify on the record for Dáil Éireann one such properly-constituted special area of conservation; and if she will make a statement on the matter. [16847/15]

I have searched in a legal sense and in all the official books in Ireland that tell us these things. For the record of the Dáil, SACs, special areas of conservation - I am not referring to candidate special areas of conservation, cSACs, or sites of community importance, SCIs, but SACs - do exist in Ireland. Will the Minister make a statement on the matter?

Natura 2000 is the centrepiece of European Union nature and biodiversity policy. It is an EU-wide network of nature protection areas established under the 1992 habitats directive. The aim of the network is to assure the long-term survival of Europe's most valuable and threatened species and habitats. The establishment of this network of protected areas also fulfils a community obligation under the UN Convention on Biological Diversity. The criteria for selecting sites eligible for identification as sites of community importance and designated as special areas of conservation are set out in annex III of the habitats directive.

The habitats directive has been fully transposed into Irish law by means of the Planning and Development (Amendment) Act 2010, as amended by the European Communities (Birds and Natural Habitats) Regulations 2011. These replaced the European Communities (Natural Habitats) Regulations 1997 to 2005 and have addressed deficiencies identified by the Court of Justice of the European Union in the transposition of the habitats and birds directives into Irish law.

Following the public advertising of the intention by Ireland to designate 429 special areas of conservation, those sites were transmitted to, and subsequently adopted by, the European Commission as sites of community importance or European sites. Legal protections, consummate with those set out in the habitats directive, have applied to the sites since initially proposed for designation and Ireland's planning and environmental legislation has operated under these designations.

The protections under the habitats directive ensure that no plan or project undertaken in the area or vicinity of any special area of conservation can be commenced without prior consultation with my Department and an appropriate assessment of the likely impacts on the habitats and species protected by the designation.

I have a good background in the whole designation process. I did not ask that question. The Minister talks about sites of community importance, SCIs, but from what she has said I take it there are no special areas of conservation, SACs, in Ireland. There are SCIs with legal protection but I am asking are there or are there not SACs, legally designated, in Ireland? From that answer I understand there are not.

I asked a question.

Yes. There is a final, technical part to be addressed, which is the making-----

There are none at the moment in Ireland.

I will answer the question. There is a final technical part to be addressed, which is the making of a statutory instrument for each site. There is a programme in place to deliver that over the period ahead but the fact remains that the sites have full legal protection since they were initially proposed.

That is the situation and it is recognised in planning law and environmental legislation.

I am trying to establish that, until this legal technicality the Minister is going on about is done, there is no SAC in Ireland. She is making clear that the legal technicality has to be done.

I question other things the Minister said because there were certain time limits for it to be done but I understand what she has said and I thank her.

No, no. I am saying there is a process, which is fully in accordance with the law. There was full legal protection from the time of the initial proposal for designation. There is a final technical part to be addressed. That is the making of a statutory instrument and, in conjunction with the signing of the necessary statutory instruments formally designating sites, landowners, users and others who live in and around these sites will be notified again of the designation. The final phase of the designation process does not place any additional requirements on landowners or users who have already applied. It does not change anything. It is the end of a process.

I gather from what the Minister is saying that until that other process has gone through people may talk about SACs but they do not exist. There are other legal terms but until this legal process the Minister is talking about has been done, people are using the wrong word.

They do exist in that they have full legal protection since they were initially proposed under planning law and the environmental legislation.

The term SAC does not exist. That is all I am asking about. The Minister may call them SCIs or whatever under legal protection but SACs will not exist until that bit of tweaking has been done.

They are still granted the full protection of the law.

Comóradh 1916

Michael P. Kitt

Question:

7. D'fhiafraigh Deputy Michael P. Kitt den Aire Ealaíon, Oidhreachta agus Gaeltachta cén dul chun cinn atá déanta maidir le comóradh Éirí Amach 1916 sa Ghaeltacht; cad iad na háiteanna agus cén saghas comóraidh atá i gceist; agus an ndéanfaidh sí ráiteas ina thaobh. [16819/15]

Cén dul chun cinn atá déanta maidir le comóradh Éirí Amach 1916 sa Ghaeltacht; cad iad na háiteanna agus cén saghas comóraidh atá i gceist; agus an ndéanfaidh an tAire ráiteas ina thaobh?

Mar is eol don Teachta, lainseáladh an Clár Comórtha Céad Bliain d'Éire 2016 ar an 31 Márta. Tá an Ghaeilge fite fuaite tríd an chlár go léir, chomh maith le bheith mar snáithe faoi leith den chlár. Tá béim faoi leith sa snáithe Gaeilge, An Teanga Bheo, ar raon imeachtaí agus gníomhaíochtaí a chuirfear i láthair trí Ghaeilge sa Ghaeltacht agus lasmuigh den Ghaeltacht le linn 2016. Ós rud é go bhfuil sé ar cheann d’aidhmeanna an chláir Ghaeilge aird a tharraingt ar thábhacht agus ar luach na Gaeltachta mar áit a bhfuil an Ghaeilge ina teanga phobail bhríomhar i gcónaí, tá i gceist go mbeidh láithreacht chuí ag an Ghaeltacht sa chlár.

Is deis faoi leith é Éire 2016 chun ceiliúradh a dhéanamh ar an Ghaeilge, a hoidhreacht a thabhairt chun cuimhne agus an todhchaí atá aici a athshamhlú. Tá An Teanga Bheo curtha i dtoll a chéile i ndiaidh dul i ndáil-chomhairle leis na páirtithe leasmhara. Cuimsítear mór-imeachtaí, clár digitithe, léachtaí, díospóireachtaí agus seimineáir, imeachtaí ealaíon agus acmhainní foghlama ar-líne sa chlár. Is é an cuspóir ná an teanga a chur i láthair an phobail mar ghné bhríomhar dár bhféiniúlacht, dár sochaí, dár stair agus dár gcultúr.

Ina theannta sin, is I an aidhm atá leis an chlár ná feasacht an phobail maidir leis an Ghaeilge a spreagadh, chomh maith le rannpháirtíocht, díospóireacht, machnamh agus athshamhlú a chothú faoin ré atá caite, faoi staid reatha na teanga agus faoina bhfuil i ndán di. Cuirfear tuilleadh sonraí faoin chlár Gaeilge, atá á chur le chéile ag mo Roinn i gcomhar le heagraíochtaí Gaeilge agus Gaeltachta, ar www.ireland.ie de réir mar a fhorbraítear é.

An aontaíonn an tAire Stáit go bhfuil an teanga lárnach i gcomóradh 2016, mar a bhí sí in Éirí Amach 1916? Mar a dúirt Pádraig Mac Piarais, "Tír gan teanga, tír gan anam". Ar ndóigh, tá sé an-tábhachtach do mhuintir na Gaeltachta go mbeidh siad in ann an tacaíocht sin a fháil ón Rialtas, agus mar a dúirt mé cheana, go mbeidh siad in ann a ngnó a dhéanamh trí Ghaeilge. An bhfuil polasaí dearfach ann mar gheall ar thacaíocht don Ghaeilge sa Ghaeltacht, a bheimis in ann úsáid sa chomóradh an bhliain seo chugainn? Tá €1 milliún tugtha do na comhairlí contae chun cuidiú le comóradh 1916 an bhliain seo chugainn. An úsáidfear cuid den airgead sin sa Ghaeltacht? An mbeidh aon phleananna eile ann chun an comóradh sin a chur ar siúl? Tá a fhios againn faoin €1 milliún ach níl a fhios againn cén sórt plean atá ag an Rialtas ná ag an Aire Stáit.

Caithfear a rá go bhfuil dualgas ar an Rialtas, ar na heagraíochtaí ar an talamh agus ar na comhairlí contae. D'ardaigh an Teachta ceist an €1 milliún a thugadh do na comhairlí contae ar fud na tíre. Tá mo chomhghleacaí, an tAire, an Teachta Humphreys, freagrach as an airgead seo ach, mar is eol don Teachta, tá na comhairlí contae freagrach as ceantair Ghaeltachta i nGaillimh, i bPort Láirge nó i dTír Chonaill. Níl an t-airgead ar fáil ó na ceantair lasmuigh den Ghaeltacht. Tá deiseanna ann agus tá dualgais ann ar eagraíochtaí ar nós Conradh na Gaeilge, Muintearas, Gael Linn, agus ar bhunscoileanna agus mheánscoileanna. Tá clár mór ann. Táim iontach dóchasach go mbeidh scéal dearfach ann an bhliain seo chugainn mar tá athbheochan ar siúl. Mar a luaigh an Teachta, tá an Ghaeilge lárnach i gcomóradh 2016, mar is ceart, agus is é sin an rud is tábhachtaí.

Aontaím leis an Aire Stáit faoin méid sin, ach tá a lán daoine sa Ghaeltacht nach bhfuil sásta maidir le scéimeanna a bhí ann. Bhí daoine ag labhairt, mar shampla, ag Ard-Fheis Fhianna Fáil ag an deireadh seachtaine, faoi chiorruithe i scéimeanna tithíochta agus scéimeanna bóithre. B'fhéidir go mba cheart don Aire Stáit smaoineamh ar sin nuair atá sé ag caint faoin mbliain seo chugainn. Rud amháin a bhí lárnach, ná scoláireachtaí an Phiarsaigh.

Bhí na scoláireachtaí ann chun cúnamh a thabhairt do dhaoine a bhí ag foghlaim na Gaeilge. Ba mhaith liom go mbeadh an tAire Stáit in ann na scoláireachtaí sin, atá curtha ar ceal, a thabhairt ar ais. Labhair an tAire Stáit mar gheall ar sheimineár atá an-tábhachtach. Bhí scoláireachtaí an Phiarsaigh an-tábhachtach freisin mar chúnamh agus mar thacaíocht do scoláirí. Bhí baint ag ceannairí Éirí Amach na bliana 1916 - mar shampla, Pádraig Mac Piarais, Éamon de Valera, Tomás Mac Donnchadha agus Ruairí Mac Easmainn - leis an nGaeltacht. Ba cheart go mbeadh caint mar gheall orthu nuair atá an comóradh ar siúl.

Níor chuala mé achan rud a bhí le rá ag Ard-Fheis Fhianna Fáil.

Is mór an trua é sin.

Nuair a bhí an tAire Airgeadais ag caint faoi ráiteas an earraigh cúpla lá ó shin, labhair sé faoin méid a bhí le rá ag Charlie McCreevy nuair a dúirt sé go gcaithfeadh sé an t-airgead dá mbeadh sé aige.

Cinnte. Bhí na scéimeanna bóithre iontach tábhachtach i mo chontae féin agus i gContae na Gaillimhe. Is é sin an rud is mó. Stopadh an scéim sin. Níl mé freagrach as na bóithre Gaeltachta. Is é an rud is tábhachtaí an bhliain seo chugainn ná an teanga a choinneáil beo. Tá athbheochan ar siúl taobh amuigh den Ghaeltacht agus go háirithe sna ceantair Gaeltachta. Chonaic mé an spiorad atá sna ceantair Gaeltachta le mo dhá shúil anuraidh nuair a fuair mé an post seo don chéad uair. Tá scéal dearfach ar siúl. Beidh uimhreacha na mac léinn agus na ndéagóirí a fhreastalaíonn ar na coláistí Gaeilge ag méadú i mbliana. Tá mé dóchasach go mbeidh scéal mór dearfach i gceist an bhliain seo chugainn nuair a bheidh comóradh 2016 ar siúl. Má tá smaointe ag na Teachtaí ar an taobh eile den Teach, tá mise agus mo chomhghleacaithe anseo chun iad a chloisteáil. Tá sé tábhachtach go mbeimid ag obair le chéile. Má tá smaoineamh ag an Teachta Kitt mar gheall ar Chontae na Gaillimhe-----

Labhair mé mar gheall ar an smaoineamh atá agam i leith scoláireachtaí an Phiarsaigh.

B'fhéidir go mbeidh seans agam suí síos leis an Teachta agus cabhair a thabhairt dó i dtaobh an ábhair sin.

Go raibh maith agat.

Turbary Rights

Michael Fitzmaurice

Question:

8. Deputy Michael Fitzmaurice asked the Minister for Arts, Heritage and the Gaeltacht if she will confirm that her Department is prepared to introduce more and tighter restrictions on designated blanket bogs, such as Bragan Mountain and others in County Cavan, and countrywide; if her Department is planning to stop turf cutting on designated blanket bogs; and if she will make a statement on the matter. [16851/15]

It seems to me, having spoken to some of the Minister's officials in different parts of Ireland, that preparations are being made to impose tighter restrictions on the blanket bogs in different parts of Ireland. One of the bogs in question is found on Bragan Mountain in the Minister's part of the country. Can the Minister confirm that the intention is to stop turf cutting on those bogs? Perhaps the information given to me is not factual.

The Government is continuing with its policy of implementing the EU habitats directive and protecting habitats in special areas of conservation, including 50 special areas of conservation for the protection of blanket bog. These sites include lowland and mountain blanket bog areas, predominantly along the western seaboard but also widely distributed on upland areas. The climatic conditions required for the formation of blanket bogs are found in limited locations around the globe, such as Scotland and Norway in the northern hemisphere and New Zealand and Argentina in the southern hemisphere. Many of the special areas of conservation sites identified for protection of blanket bogs are extensive and include complexes of other habitats, such as heaths, grasslands and aquatic habitats, also listed for protection under the habitats directive.

The habitats directive has been fully transposed into national law by means of the Planning and Development (Amendment) Act 2010, as amended, and the European Communities (Birds and Natural Habitats) Regulations 2011. Legal protections consistent with those set out in the habitats directive have applied to the sites since they were initially proposed for designation. Ireland’s planning and environmental legislation has operated under these designations. Due to a deterioration of the protected peatland sites since they were nominated for designation, an infringement action has been brought against Ireland by the European Commission. The action relates to all protected peatland sites - both raised bog and blanket bog.

The draft national peatlands strategy makes it clear that greater clarity must be brought to the process of how turf cutting on blanket bog sites is to be managed in compliance with the requirements of the habitats directive and the environmental impact assessment directive. It is anticipated that turf cutting will be able to continue within blanket bog special areas of conservation but more sensitive areas will need to be avoided. The aim is to have in place a workable system for the management of turf cutting on these sites. This system will be put in place in consultation with the local communities involved. The necessary scientific work and consultation with local communities will need to be undertaken in advance of this system being implemented. Therefore, it is unlikely that the system will be introduced until 2017 at the earliest.

I take it that the person who wrote the Minister's reply was not looking at the question because it seems we are talking once more about special areas of conservation.

I say that on the basis of the reply read by the Minister. We established earlier that while these areas might have legal importance, they are not yet special areas of conservation. I urge people to stop using the phrase "special areas of conservation" in this context because it is misleading.

It is not misleading.

It seems from the Minister's reply that one's right to cut turf on a blanket bog will depend on where one is in Ireland. If one is lucky enough, one may be able to cut turf. If one is unlucky and the blanket bog is in one of the sensitive areas about which the Minister is talking - it could be any bog in any county in any part of Ireland - one may face restrictions. Would it be fair to say that one will be able to cut away at least until 2017, which will be after the next general election?

I want to make it clear that there is no doubt we have to value the bogs.

I did not say we do not.

The bogs are a great asset and we need to be positive about them. The point is that certain sensitive areas have to be looked at. We want to work in consultation with local communities. We want to get agreement. We want to work for the benefit of our peatlands. We want to work together. Anything the Deputy can do in this regard will be very welcome. Our peatlands are a huge resource, especially in terms of tourism. Last year, I visited Corlea Trackway Visitor Centre in County Longford, which houses the preserved remains of an Iron Age bog road that dates back to 148 BC. This hugely significant archaeological find has broadened our knowledge of early civilisation in Ireland. The visitor centre has become a wonderful tourism attraction in the midlands. We have to look at our bogs as an asset to our country. They need to be protected. I want to make it clear that we need to work in consultation with the landowners. I fully agree with that principle.

I welcome what the Minister has said and I fully agree with her. As we have always said, there can be conservation while people make use of things in different parts of the country. There is no reason people cannot work together constructively. I often saw in Connemara that the biggest attraction for a busload of people might be to look at a fellow cutting a few sods with a sleá. That is another aspect of it we need to look at.

They might even lend a hand.

Yes. I agree with the point made by the Minister when she spoke about finding archaeological evidence of roads, etc. Those who have worked on the bogs down through the years need a bit of clarity. I welcome what the Minister has said about trying to work constructively with people so that they can cut their turf on these blanket bogs while also preserving these locations.

The final point I would like to make is that if one looks back on infringements and on what Europe has sent us, I do not think one will find it has been about bogs. It has been about other things. That should be clarified as well.

As the Deputy has said, it is about working together and trying to find the right solution. I am fully committed to consultation on this issue and to working with the landowners.

There is great potential for outdoor activities. I understand that 9 million Germans want to use cycling for recreation or go on cycling holidays. We have a great opportunity to develop our bogs as a tourism amenity. They are a great asset.

Special Areas of Conservation Designation

Denis Naughten

Question:

9. Deputy Denis Naughten asked the Minister for Arts, Heritage and the Gaeltacht the position regarding the imposition of burdens on the land folios with lands designated as special protection areas or special areas of conservation; and if she will make a statement on the matter. [16749/15]

Legislation enacted in 2011 places a charge on the deeds of property designated as special areas of conservation. One seventh of the area of the country was made subject to these burdens through sleight of hand in a statutory instrument. Why was this introduced? The Department of the Arts, Heritage and the Gaeltacht is beginning to act like the banks except that agreements are entered into voluntarily in the case of banks and the banks deliver on their part of the bargain by providing the money up front.

The designation of an area of land as a special area of conservation or special protection area does not create a burden on a folio for that land. The actual imposition of a burden on land folios is a matter for the Property Registration Authority of Ireland. Provision is made under Regulation 14(6) and Regulation 18(9) of the European Communities (Birds and Natural Habitats) Regulations 2011 to facilitate this process for special areas of conservation and special protection areas, respectively. However, I have no plans at present to seek the imposition of such burdens.

The Minister has authority under law to introduce burdens with the stroke of a pen. If somebody goes to the bank tomorrow morning to get a loan, the bank will take into account the fact that the lands have been designated and will reduce its valuation of the land accordingly. A burden is placed on the land in practical terms. Given that she has put this responsibility on land owners, why is the Minister not prepared to compensate them? A total of 781 turf cutters have sought to relocate to bogs that are not designated. At the rate that the Department of Arts, Heritage and the Gaeltacht is currently processing their applications, it will take 276 years to relocate all of them.

In regard to the Deputy's question, there is provision to place a designation as a burden on a folio. I have no plans to seek the imposition of such burdens.

The reality is that the burden is already on those properties. They have been devalued and the Department is not prepared to offer compensation. The Minister justifies this policy by claiming that farmers can avail of the GLAS scheme as a form of compensation. I know of one farmer in County Roscommon who has a turlough on his land which has been designated as a special protection area. If he wants to go into the GLAS scheme he must give up intensive farming as a sheep farmer because one third of his farm will be sterilised for six months of the year under the conditions set out under the scheme. The reality for a considerable number of farmers in designated areas is that it is not feasible to go into GLAS but the Department has not offered a compensation scheme since 2010. Given that the Minister has in practice imposed a burden on these lands by introducing legislation to impose a legal burden at the stroke at a pen, will she deliver on the compensation to which these farmers are entitled?

That matter was not raised in the Deputy's original question but I restate that I have no plan to register a burden on land certificates.

Will the Minister answer any of the questions I asked? Why was a statutory instrument introduced in 2011 to legally place a burden on one seventh of the land area of this State? When one takes into account the area of land that is already in public ownership, this provision in practice will mean taking possession of lands because farmers will be unable to carry out work without written permission from the Minister. Why was that legislation introduced if she has no plan to place a legal burden on the folios because it places a burden on those lands in practical terms? Why is she turning her back on the affected farmers by withholding legitimate compensation for the legal responsibility she is imposing on them?

I am not turning my back on any farmers. I answered an earlier question on farmers with lands in designated areas. Those farmers will get priority under the GLAS scheme. I will find out the precise details of the legislation to which the Deputy referred but I understand that the legal agreement for raised bogs and special areas of conservation covered by the cessation of turf cutting scheme provides the right to enter a property to carry out works, with the cost of restoration to be placed as a burden on the folio under which the property is registered. A burden preventing the cutting and removal of turf from the property can also be placed on the folio. The agreement also provides that if a site is undesignated the burdens can be removed from the folio. Furthermore, the agreement provides for the registration of notice of the agreement on the folio. As I have already stated, I have no plans to register burdens on folios.

The Minister-----

No, the Deputy has had a good run.

She has already listed the burdens.

Please resume your seat.

That is the legal agreement.

Two Deputies are waiting to put their questions and we only have seven minutes left.

Arts Plan

Sandra McLellan

Question:

10. Deputy Sandra McLellan asked the Minister for Arts, Heritage and the Gaeltacht if she will provide this Government's detailed plan for a national strategy in for the arts, culture and heritage; and the funding that has been allocated for its implementation. [16836/15]

An overall statement of strategy for my Department for the period 2015 to 2017 has recently been prepared and will be published shortly. This statement will set out my Department’s goals and strategies for various programme areas, including the arts and heritage. Within my Department’s overall budget of €277 million for 2015, €156 million is being provided for the arts, culture and film and €39 million for heritage. In addition to my Department’s statement of strategy, I am committed to the delivery of the country's first ever national cultural policy, which is called Culture 2025. In this regard, I plan to carry out a wide ranging consultation process to ensure that all stakeholders and interested members of the public can make their views known. With this in mind, I have initiated general discussion on the process of developing the policy with a number of stakeholders, including with the council of national cultural institutions. A draft discussion paper is currently being finalised within my Department, having regard to those discussions, and I intend to publish it shortly. I look forward to substantive engagement with the arts and culture sector, the general public and other interested parties in the development of the new policy. As the purpose is to set out the high-level aims and policies in the area of culture for the period up to 2025, the issue of funding does not arise.

The arts can often be sidelined, especially in the current economic climate of many sectors facing cuts. Those who are trying to earn a living as artists often struggle to survive and must supplement their incomes by other means. Artists who are in their 50s cannot be confident of security in their old age. What does the Minister propose to address the issue of struggling, aging artists? Has she investigated the successful models developed in other European countries?

Has the Minister looked into this? Brilliant minds fall by the wayside all too easily due to lack of support and there is little in the way of facilities to support people as they rise and progress through the arts. Where are all our young and mid-career artists?

Artists are supported through the Arts Council, but I accept the Deputy's point that some artists find it difficult to make progress.

The Culture 2025 document will protect and set out clearly the value of the arts and our culture, which is of importance. Culture 2025 aims to develop a national cultural policy which will set out high level aims and policies in the area between now and 2025. We need to understand what culture is, how it can be supported, the role of Government in developing it, how we can use social media to deliver it to everyone and how to get people involved in music, drama, poetry, film, writing and so on. It is not about how much money we need, but about how we value and support our culture. We will look at that in our consideration of the Culture 2025 policy.

I thank the Minister for her response but I would like to know what she is doing to capture, retain and support the young talent that exists in Ireland. What is the Government doing to halt the talent drain from this State to other shores? Young people in the arts have huge potential to contribute to State revenue. What steps is the Minister taking to halt the mass export of our young talent?

In terms of young talent, we have signed the arts in education charter with the Department of Education and Skills. I got an update on this yesterday and on the interesting work that is going on, bringing people to schools to get young people involved in the arts and to show their value and how they can help young people develop as individuals and tune into their creative side. There is significant work going on between the two Departments to promote arts in education.

National Monuments

Thomas Pringle

Question:

11. Deputy Thomas Pringle asked the Minister for Arts, Heritage and the Gaeltacht the role her Department plays in the ongoing maintenance and preservation of monuments across County Donegal; the way her Department monitors ongoing decay of monuments; the way it decides a monument needs preservation; and if she will make a statement on the matter. [16738/15]

This question asks what role the Department plays in protecting and preserving national monuments across the country. What practical steps does the Minister take to ensure the preservation of national monuments?

My Department’s role in regard to the safeguarding and conservation of archaeological monuments is set out in the National Monuments Acts 1930 to 2004. The Acts provide for the protection of national and other monuments in a number of ways.

Where I am of the opinion, as Minister, that the preservation of a monument is of national importance and I am further of the opinion that the monument is in danger, I may make a preservation order in regard to the monument under section 8 of the National Monuments Act 1930, as amended. Where a preservation order is in force, no interference with or alteration of the national monument in question is permitted without my express written consent. My Department’s records show that nine preservation orders have been made in regard to national monuments in County Donegal. Where a national monument is in my ownership or guardianship, similar protections apply as in the case of a preservation order. There are currently 17 national monuments in County Donegal of which I am owner or guardian.

Section 5 of the National Monuments (Amendment) Act 1987 provides for the establishment of the Register of Historic Monuments, RHM. There are currently 35 registered historic monuments in County Donegal. Section 12 of the National Monuments Act 1994 Act provides for the establishment of a record of monuments and places, RMP, in respect of each county in the State. The RMP for County Donegal contains 2,166 entries. Any person proposing to carry out or to authorise the carrying out of work at or in regard to a monument included in the RMP or RHM is obliged to give two months written notice to the Minister for Arts, Heritage and the Gaeltacht. In addition, RMP and RHM data is used by my Department to advise planning authorities and An Bord Pleanála of any potential archaeological implications from individual developments and the steps which should be taken to avoid or mitigate such impacts.

My Department’s national monuments service maintains and updates the national database of archaeological monuments. It also investigates reports from members of the public of breaches of the Acts and refers these to the Garda, where appropriate. In addition, it liaises with planning authorities and other relevant bodies regarding the impact of development on monuments and advises me, as Minister, on the exercise of my statutory powers to protect such monuments. National monuments in my ownership or guardianship are maintained by the Office of Public Works and my Department works closely with that office in that regard.

With regard to access to monuments, what is the role of the Department in cases where somebody interferes with or restricts access to monuments that were previously open to the public?

I do not have details on the access to monuments to hand, but I will find out the details for the Deputy. I understand county councils have a role to play in this and that the main responsibility is to protect the monument. The OPW has a role in managing sites and carrying out works and it is focused on ensuring that the physical fabric of sites in State care are conserved in situ. Therefore, where there is evidence of structural instability or a direct threat of damage or collapse to a national monument, it must, under the terms of its statutory remit, act to rectify the position.

Written Answers follow Adjournment.
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